HC asks govt to consider posting newly-appointed doctors as per their convenience
Srinagar, Jan 31: The J&K High Court Thursday directed the government to reconsider posting of the newly-appointed doctors as per their convenience, and asked the doctors posted for Ladakh region to submit their joining report before the Director Health Services Kashmir (DHSK) in view of the closure of the road.
The court was hearing a petition by the Medical Officers appointed in Health and Medical Education department vide an order on January 14, 2019. The doctors have challenged the Rule 8, 9 and 10 of SRO 202 dated 30.06.2015 for allegedly being discriminatory and ultra vires of the constitution.
The rules are contrary to fixation of probation and posting as applicable through J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013, the basic service to which the petitioners belong to.
The court issued notice to the concerned department and listed the matter after completion of the service.
In the meantime, the court granted relief to the petitioners posted for Ladakh region.
“On account of closure of the road to Ladakh, submit your joining report before the director DHSK in view of the time-limit fixed for your joining up to 4.2.2019.”
As and when the road to Ladakh shall open, these Medical Officers/petitioners shall be placed at their respective places of posting in Ladakh region, directed the court.
It also directed “respondents shall also reconsider posting of the petitioners as per their convenience as far as possible.”
The petitioners prayed for invalidation of the government order no. 49-HME of 2019 dated 14.01.2019 as it orders them to undergo a probationary period of five years besides posting for five years in the same area.
They asked for fixing the period of probation in the same manner as has been fixed for the Medical Officers appointed as per J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013.
“Our posting shall be regulated in tune with the mandate of these rules and other rules as are applicable to the appointments made under J&K Health and Family Welfare (Gazetted) Service Recruitment Rules, 2013,” they prayed.
Application of the rules 8, 9 and 10 and the denial of the pay-scale and increments amounts to violation of Articles 14 and 16 of the constitution, they said.
The government has resorted to “pick and choose policy” by retaining some doctors in their native districts while placing others at far-off places like Kargil, they alleged.